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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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I work nonprofit organization - started in April, 2015. I'm

Customer Question

I work for a nonprofit organization - started in April, 2015. I'm a lifelong educator and manager but what I know does not apply to this situation. I'm having a Performance Review on Monday. My boss is trying to get me to exit on my own with the possibility of part-time work.
They are an at-will employer. So, they can terminate me at any time without cause or notice. There's been talk about putting me on an improvement design - don't know if that means that I'll have 90 days to improve or not.
I also want to know if there is any legal requirements that they offer me Cobra for a certain amount of time.
This is dicey because I don't really like this new position that was created when I started - it's more sales than support. They said that they were going to do a two-year experiment - that's not in writing though. The possible part-time work is more support. I would like to continue to work part-time doing so I'm worried about making a big mess that could jeopardize that possibility but I also want to know my rights and questions I should ask as I start this process.
Laurie Wiebold, Ed.D
Submitted: 4 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If the employer has twenty or more employees then they are required to offer COBRA to you upon separation for anything other than "gross misconduct" but the price of the plan can be up to 102% of the actual plan cost. They don't have to give you any kind of employee discount. The COBRA normally can last for 18 months.

I seem to remember that the Dept of Labor has a very good page on COBRA, would you like for me to find that for you?

Customer: replied 4 months ago.
The bigger question is can they fire me without a improvement plan?
Expert:  Dwayne B. replied 4 months ago.

Are you working under a written contract?

Customer: replied 4 months ago.
No-at will
Expert:  Dwayne B. replied 4 months ago.

No, there is no requirement that they give you an improvement plan unless you have some type of contract, personal or union, calling for it. At will is pretty much at will in CA, unfortunately.

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